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Privacy Policy
This privacy policy covers M-invent, Inc. ("M-invent"), the provider of
www.Zobmob.com, and its handling of personally identifiable information that is collected
from customers or partners through their direct use or interaction with Zobmob.com or
affiliated website based services. This policy does not apply to any other information
from any other source collected in any other manner.
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Welcome to Zobmob! These are the terms and conditions (the "Terms and Conditions") by which
M-Invent, Inc. ("M-invent") is permitting you to access Zobmob.com and use the services provided
by M-invent through Zobmob.com and through your mobile telephone. For purposes of these terms and conditions,
were we refer to the terms "We", "Us", "Our", we are referring to M-Invent, the
promoter of the Services described below. When refer to "You", "Your" or "Customer"
we are referring to you, as the user who has accessed Zobmob.com using the account information you established and
through the mobile telephone or other mobile device (the "Mobile Phone") you have registered.
By completing the registration process on our website located at www.zobmob.com or any successor website
(our "Website") thereto, which includes checking the required box to acknowledge and agree to these
general terms and conditions, OR by downloading mobile content to a mobile device, you (I) AGREE TO THE
TERMS AND CONDITIONS SET FORTH HEREIN, INCLUDING THE RIGHT OF M-INVENT TO MODIFY SUCH TERMS
AND CONDITIONS PURSUANT TO SECTION 13 BELOW AND (II) REPRESENT THAT YOU ARE OF LEGAL AGE TO
ENTER INTO THIS AGREEMENT OR ARE AT LEAST 13 YEARS OF AGE AND HAVE YOUR PARENT'S PERMISSION TO
SIGN-UP FOR AND USE THE SERVICE (AS DEFINED BELOW.
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1.SERVICE
M-invent provides downloadable mobile content that is sent to a customer's Mobile Phone and other communications
services that may be offered to customers from time to time (collectively, the "Service").
The Service includes downloadable mobile entertainment, ringtones, games, graphics and other materials
(the "Downloads"). You acknowledge that any portion of the Service received by you is for your
personal use, and you acknowledge and agree you may not transmit, re-transmit, broadcast, re-broadcast or
make any commercial use of any part of the Service, including any of the Downloads, nor may you copy or
distribute the Service, including the Downloads in any manner not expressly authorized by M-Invent.
The Service is available only in the United States of America. You acknowledge and agree that you will only
use the Service for lawful purposes and will not use the Service in breach of M-Invent's or any third party's
intellectual property rights.
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2.ORDERING AND PAYMENT
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In order to purchase Services from M-invent, you must register as a member of the Service (as "Member")
and create a Zob account.
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You may purchase portions of the Service, including the Downloads, from M-invent in one of three ways, each of which
M-invent may elect to discontinue or resume at any time:
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By logging onto the Website and purchasing individual Zob Credits that may be redeemed for Downloads and
other aspects of the Service;
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By ordering such Downloads or other aspects of the Service by means of single purchases made from your mobile device.
The fee for Service purchased in this manner will appear on your Mobile Telephone monthly bill; or
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By purchasing a Zobmob Subscription Plan (as defined below) from M-invent for a periodic subscription fee,
which will entitle you to a certain defined number of Zobmob credits redeemable for Downloads and/or other aspects of the Service.
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In order to use the Service, you must have a mobile communications subscription with a participating carrier or
otherwise have access to a mobile communications network for which M-Invent makes the Service available as
well as any carrier services necessary to download content and pay any service fees associated with such access.
In addition, you must provide all equipment and software necessary to connect to the Service, including, but no
limited to, a Mobile Phone that is in working order and suitable for use in connection with the Service. Any such
equipment or software causing interference with the Service or the Website shall be immediately discontinued
from the Service and M-invent shall have the right to immediately terminate your account with the Service.
M-invent reserves the right to make changes to the Service that may require upgrades to your Mobile Phone or
software to access the Service. It is solely your responsibility to affect any such changes at your expense.
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Subscription Plans.
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You may access the Service through the purchase for a fee (a "Subscription Fee") of a bundle of credits
for a defined number of individual downloads on a renewable subscription basis (a "Zobmob Subscription
Plan"). M-invent may determine, in its discretion, the period of any such Zobmob Subscription Plan offered
(for instance, it may offer a Zobmob Subscription Plan that is renewable weekly or a Zobmob Subscription Plan that
is renewable monthly), with such period referred. Any such Zobmob Subscription Plan between you and M-invent
shall being at the time you complete the order process for such Plan and shall thereafter be renewed automatically
at the beginning of each subsequent renewal period for such Zobmob Subscription Plan, at which time a new
Subscription Fee shall become due and payable. This renewal and the assessment of the Subscription Fee in connection
with such renewal will occur automatically at the beginning of each renewal period until you or M-invent cancel your
Subscription Plan, regardless of whether you in fact use any of the Zobmob credits allocated to you pursuant to such
Zobmob Subscription Plan. Any such Zobmob Subscription Plan shall remain in effect until cancelled by you or M-invent.
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A Zobmob Subscription Plan includes a certain defined number of Zobmob credits entitling you to download, receive
and/or access the defined number of individual Downloads corresponding to that number of Zobmob credits. After
payment of the Subscription Fee, M-invent will credit your Zobmob account with the defined number of Zobmob credits
for the Zobmob Subscription Plan you have selected. As you access Downloads and other aspects of the Service, the
Zobmob credits in your Zobmob account will be reduced by the number of Zobmob credits associated with such
Downloads or other aspects of the Service.
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M-invent retains the right to provide that, for some or all of the Zobmob Subscription Plans, any Zobmob credits credited
to a Zobmob account as part of a Zobmob Subscription Plan shall be expire and be cancelled at the end of the subscription
period for such Zobmob Subscription Plan (for instance, for a montly plan, M-invent may provide that any Zobmob credits
credited in connection with such Plan will expire if not used during such one month period).
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By completing the order process for the method by which you choose to access the Services, you agree to pay for such
Service and authorize M-invent to charge the appropriate fee for such Service to your credit card, debit card or Paypal
account, or, for certain purchases made you're your Mobile Phone, you authorize M-invent and your mobile communications
service provider to charge such appropriate fee to your Mobile Phone monthly bill.
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All amounts will be billed in U.S. dollars.
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All purchases and sales of Zob credits and Services are final once you complete the purchase process and are non-refundable,
unless otherwise provided in these Terms and Conditions. If you cannot receive the selected Service, you may contact
customer support by selecting the appropriate help button on the Website or by following the contact instructions in Section
15 below. If our customer support determined that it is not possible for you to use the Service, we may provide a refund of
Zob credits to your Zob account.
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3.ZOB ACCOUNTS
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All purchases of the Service, including the Downloads, require the customer to redeem Zob credits in an amount equal to
the Zob credit price for such Service. You must be a registered Member and have completed the account registration process
to have Zob credits credited to your Zob account. To the extent permitted by applicable law, Zob credits will be credited
to a Member's account when:
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The Member completes a purchase transaction and payment is received by M-invent.; or
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ii.The Member redeems Zob credits from a promotion.
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M-invent retains the right to cancel any Zob credits credited as a result of a fraudulent, illegal or otherwise improper action
by a Member.
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Any Member's account shall be closed and any remaining Zob credits in such account shall be cancelled in the event that
such Member's Zob account is not used for the purchase of content from M-Invent within any consecutive 12-month period.
No refunds will be paid with respect to any cancelled Zob credits. M-Invent expressly reserves the right to modify this time
period at any time in its sole discretion.
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Zob credits are non-transferable.
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The Member is responsible for any and all sales or other taxes resulting from the Zob credits. M-invent reserves the right to
collect applicable taxes and impose premium surcharges for features of the Service.
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Where required by state law, and only where required by state law, a cash redemption value of $0.001 per Zob credit is applicable.
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M-invent retaines the right to (i) change any of its offers at any time without prior notice; (ii) change is list of participants;
and (iii) delay and withhold the crediting of any Zob credits if it suspects that there has been a breach of any of these
Terms and Conditions.
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4.SERVICE IS PROVIDED WITHOUT WARRANTIES OR ENDORSEMENTS
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You understand and agree that M-invent does not endorse or associate with any particular person or event that may be
featured on or be advertised in connection with the Service. You understand and agree that the Service may present
links to third party websites not owned or operated by M-invent, that these links are provided as a convenience only
and that such links do not entail or imply M-invent's endorsement of the materials provided on such websites. You
further agree that neither M-invent nor any Partner is liable for any loss or damage of any type incurred as a result of
any interaction you may have with such third-party websites or services.
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YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S),
IS SOLEY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE PHONE
OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OR DOWNLOAD. YOU AGREE THAT THE SERVICE IS PROVIDED ON
AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY BY M-INVENT OR ITS AGENTS,
EMPLOYEES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS (THE "DISCLAIMING PARTIES"). TO THE
MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE DISCLAIMING PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THE SERVICE OR THE
DOWNLOADS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNITERRUPTED OR
ERROR-FREE.YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY,
FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF.
YOU ACKNOWLEDGE THAT THE SERVICE IS SUBJECT TO THE LIMITATIONS OF THE ENABLING TECHNOLOGY ON WHICH IT
IS RELIANT AND MAY BE ADVERSELY AFFECTED BY NETWORK PERFORMANCE, YOUR OWN NETWORK PERFORMANCE AND
OTHER OPERATIONAL FACTOR BEYOND THE DISCLAIMING PARTIES' CONTROL INCLUDING, BUT NOT LIMITED TO, CONGESTION,
NETWORK COVERAGE, DROPPED CONNECTIONS, THE PERFORMANCE OF YOUR WIRELESS PHONE AND THE MAINTENANCE OF
SECURE NETWORK CONNECTIONS. M-INVENT ACCEPTS NO RESPONSIBILITY FOR FAILURES IN DELIVERY OF THE SERVICE FOR
ANY OF THESE REASONS.
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5.INTELLECTUAL PROPERTY
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The contents of the Website are protected by copyright and other protections. The M-invent and Zobmob names, logos and
related trademarks and service markes are owned and used in commerce by M-invent or its affiliates and are protected by
U.S. and international trademark and other laws. You may not copy, display or use any of these marks without the prior written
consent of the owner of such marks.
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The Service, including the Downloads, may contain or comprise copyrights and/or proprietary subject matter with respect to
which M-invent has paid copyright or other fees for use. Your rights with respect to the use of any of portion of the Service,
including any Downloads, purchased by you are limited to personal use only and are governed by these Terms and Conditions,
all applicable laws and any applicable end-use license agreements.
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All trademarks, service marks, trade names, domain names, slogans, logos, copyrights, patents and other intellectual property,
proprietary rights or other rights that appear on or in connection the Service (the "Intellectual Property Rights")
are the property of M-invent or its licensors. You agree to make no claim of interest in or ownership of any such Intellectual
Property Rights. You acknowledge that no title to the Intellectual Property Rights is transferred to you, and that you do not
obtain any rights, express or implied, in the Service, other than those expressly granted to you pursuant to these terms and
conditions. For the avoidance of doubt, you acknowledge and agree that your use of the Service, including any Downloads,
is under a limited, personal use license, and you shall not acquire any ownership interest in the Service or any Downloads
through these Terms and Conditions or otherwise.
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6.PRIVACY POLICY
This privacy policy ("Privacy Policy") covers M-invent and its collection, use and disclosure of personally identifiable
collected from customers or partners through their direct use or interaction with Website or any affiliated website-based services
and through their use of other M-invent Services. This policy policy does not apply to any other information from any source
collected in any other manner.
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M-invent and its affiliates and affiliated websites collect personally identifiable information that includes mobile phone
number, e-mail address, physical address, gender, age range and product preferences, as well as other personally identifiable
information. In addition, M-invent may collect information about you and your mobile device when you download mobile
content through such a device. This data is collected to prevent fraud, identify the customer, provide a means of contacting
the customer to deliver the content they have expressly opted-in to receive and otherwise to deliver promotional products
and service announcements. This data may also be used by M-invent for other purposes and may be disclosed to parties
outside of M-invent, including to its affiliates, suppliers, advertisers and referral partners (collectively, the "Partners").
M-Invent also logs aggregate date regarding the use of services on its websites. This data, such as aggregate page views,
visits and traffic, is not customer specific. M-invent uses this information internally to provide direction for service
enhancement and to maintain our websites. This information may also be disclosed in aggregate form to our Partners
and to other third-party entities.
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M-invent takes precautions to safeguard the information that it collects and stores such information so that it is not
accessible outside of M-invent. Notwithstanding these precautions, You release M-invent and its Partners from any
liability in the event that such information is accessed or used by any unauthorized third parties without the authorization
of M-Invent or its Partners.
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The term "cookie" refers to a small inactive file containing a code that is sent to your internet web browser
by our Website and stored on the hard drive or your computer. M-invent employs cookies to store customer information
on your personal computer for later retrieval during service use. The stored information is used solely to identify you
automatically so that you do not have to manually enter all of your identification information manually during the provision
of Services you request from the Website.
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M-invent and its Partners may from time to time communicate with you and other customers to obtain feedback and provide information about enhancements, other services, promotions or changes in the Services. You may opt-out of future communications by following the instructions included at the end of any such communication.
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M-Invent reserves the right to disclosure your information collected and stored by M-Invent to applicable regulatory or governmental authorities where required by law or pursuant to the order of any court or other tribunal.
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M-invent understands the importance of protecting children's privacy, especially in an online environment. The Website and the Services, including the Downloads, are not structure to attract children under the age of 13. M-invent believes that there is no information on the Website that is inappropriate for viewing by children. Although the Website may be accessible by individuals of all ages, M-invent does not knowingly solicit or accept data from children online. In order to prevent access to the Service by children, ordering any part of the Service, including the Downloads, from M-invent requires the use of a credit card, debit card, paypal account or mobile phone account.
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7.GENERAL PROMOTIONAL ACTIVITIES
M-invent or its Partners may present advertisements and promotional materials on or through the Service. Your participation in any
M-invent promotional event is subject to the terms and conditions associated with that event. Your correspondence with, interactions
with, or participation in the promotional events of , any third-party advertisers on or through the Service, including the payment and
delivery of related goods or services, are solely your responsibility and not the responsibility of M-invent. You agree that neither
M-invent nor any of its Partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such
interaction with any third party or the presence of such third party's content within the Service. The appearance of any such
advertising and promotional materials for any third party on or through the service does not imply M-invent's endorsement,
sponsorship, or recommendation of such third party's information, products or services.
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8.PROMOTIONAL DRAWINGS
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Prize Drawing. The "Prize Draw" is any monthly draw contest operated by M-Invent. There will be one monthly
Prize Draw winner, who will be randomly selected from all valid entries. The winner will be drawn within seven (7) days of end
of the last day of the month of entry. The winner will be contacted in an appropriate manner using the details provided on
registration. Only one unique mobile number per Member will be accepted in any Prize Draw. M-invent's decision as to the
winner will be final. M-invent reserves the right to change the prize awared in the prize draw at any time in M-invent's sole
discretion without notice.
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Publicity. Unless the winner expressly requests in advance, M-invent reserves the right to use the name, likeness and other
details about the winner for publicity purposes.
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9.SUSPENSION OR TERMINATION
M-invent reserves the right to, immediately and without notice, modify, suspend, discontinue or permanently terminate any
customer's account and the provision of Service to that customer if M-Invent believes, in M-invent's sole discretion, that (i)
the customer has breached these Terms and Conditions or (ii) the customer has otherwise engaged in any infringing behavior
with respect to any intellectual property included in the Service, including any of the Downloads. If the Service, or any part
thereof, for which you have entered into a Zobmob Subscription Plan is permanently discontinued or canceled by M-invent
prior to the end of a subscription period, M-invent will cancel your subscription and reimburse a pro-rated portion of you
Subscription Fee, unless such cancellation or discontinuance is a result of a determination by M-invent, in its sole discretion,
that you have breached these Terms and Conditions.
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10.RELEASE AND INDEMNIFICATION
You agree to release, indemnify, defend and hold harmless M-invent, its affiliates, subsidiaries, other Partners and each of their
officers, directors, shareholders, contractors, agents and employees from all liabilities, claims, damages, costs and expenses,
including attorneys' fees actually incurred, made by any third party due to or arising out of or in connection with (a) your use
of the Service and (b) the breach by you of any of your representations, warranties or obligations set forth herein.
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11.LIMITATION OF LIABILITY
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In no event shall M-invent, its officers, agents, or employees, or its subcontractors, be liable to you for any indirect, special,
incidental or consequential losses, damages, or expenses whatsoever, including, but not limited to personal injury, loss of
use or non-operation of your Mobile Phone, or costs to repair or replace any of your property.
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M-invent will not be liable to you in any way for failures, defects or delays in the delivery of the Service that are caused by
one or more of the following:
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You provide an incorrect phone number or other incorrect information before ordering a Service;
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Your Mobile Phone does not support the Service;
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Your message mail box is full and has no additional memory to receive the Download;
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Your Mobile Phone is out of range or for some other reason cannot be contact; or
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You accidentally erase a Service provided to you.
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In no event shall M-invent's liability to you with respect to any portion of the Service exceed the price paid by you to
M-invent for that portion of the Service.
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12.FORCE MAJEURE
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M-invent shall not be responsible or liable to the other for any interruption, error, delay or failure in the performance
of the Service caused in whole or in part by strikes or other labor difficulties or disputes; governmental orders or
regulations; war, riot, fire, explosion; acts of God; or any other causes beyond the reasonable control of M-invent.
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13.MODIFICATION AND AMENDMENT
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M-invent expressly reserves the right to amend these Terms and Conditions, including, without limitation, the Privacy
Policy, from time to time in its sole discretion. Any such amended Terms and Conditions shall be posted at
www.zobmob.com/help Terms.jsp . By accessing the Website or using the Service at any time after the posting of any
such amended Terms and Conditions , you will be deemed to have accepted such amendments. M-invent reserves the
right to cancel, modify, suspend or supercede the Services, including any of the Downloads, for any reason. You agree
that neither M-invent nor any of its affiliates or licensors shall be liable to you for any modification, suspension or
discontinuance of the Service.
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14.GOVERNING LAW AND CONSENT TO JURISDICTION
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These Terms and shall be governed by, and its provisions shall be construed and enforced in accordance with, the laws
of the State of New York, without regard to such State's principles of conflict of laws other than General Obligation Law
Section 5-1401. Any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out
of or in connection with, the Service or these Terms and Conditions shall be brought exclusively in any Federal or any
state court sitting in New York City, so long as one of such courts shall have subject matter jurisdiction over such suit,
action or proceeding, and that any cause of action arising out of this Agreement shall be deemed to have arisen from
a transaction of business in the State of New York. You hereby irrevocably consent to the jurisdiction of such courts
(and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waive, to the
fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any
suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such
court has been brought in an inconvenient forum. You consent to the service of process on you in any such suit, action
or proceeding anywhere in the world, whether within or without the jurisdiction of any court.
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15.QUESTIONS OR COMMENTS
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If you have any questions or comments with respect to these Terms and Conditions, including the Privacy Policy, please
contact us at customer.support@zobmob.com or write to us at M-Invent, Inc., 481 Eighth Avenue, Suite 1557, New York
NY10001 USA.
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